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Can I claim support from my ex-husband for my incapacitated son?

Can I claim support from my ex-husband for my incapacitated son?

Q: Is there a statute of limitations on back child support in California?

In California, there is no statute of limitations on collecting back child support. This means that a parent can pursue unpaid child support regardless of how much time has passed since it was due. The obligation to pay child support continues until it is fully paid or modified by the court.

Q: Does the parent paying child support get to claim child on taxes?

Typically, the parent who has physical custody of the child for the majority of the year can claim the child as a dependent on their taxes. However, parents can agree to alternate claiming the child in different years. It's essential to have a written agreement to avoid disputes and ensure compliance with IRS rules.

Q: What happens if your ex refuses to pay child support?

If your ex refuses to pay child support, you can seek enforcement through the court system. Options include filing a motion for contempt, requesting wage garnishment, or seeking assistance from the child support enforcement agency. Taking prompt action is crucial to ensure that support obligations are met.

Full question:

I am a divorcee residing in California. I have an incapacitated son, who is 22 years old. My ex-husband has stopped providing child support after my son has attained 19 years. Is there any provision to claim parents support to an incapacitated child? If yes, does the duty to support ends upon attaining majority by the incapacitated child?

Category: Divorce
Subcategory: Child Support
Date: 04/07/2025
State: California

Answer:

Yes, in California, both parents are equally responsible for supporting an incapacitated child, regardless of the child's age. This means you can seek support from your ex-husband for your 22-year-old incapacitated son. Importantly, the duty to support does not end when the child reaches adulthood. This is outlined in California Family Code § 3910, which states that parents must maintain a child who is incapacitated and lacks sufficient means to support themselves.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the new child support law in 2025 in California?

As of now, specific details about child support laws in California for 2025 have not been finalized. However, changes to child support laws generally involve adjustments in calculation methods, enforcement mechanisms, or guidelines for support obligations. It's important to stay informed through official state resources or legal counsel as the date approaches, as these changes can significantly impact support arrangements.

Is there a statute of limitations on back child support in California?

What is the Minnesota law on child support?

In Minnesota, both parents are required to support their children financially. Child support is determined based on the income of both parents and the needs of the child. The law ensures that support obligations continue until the child turns 18 or graduates from high school, whichever is later, and can extend for incapacitated children. For specific cases, consulting a Minnesota family law attorney is advisable.

What happens if my ex-husband stops paying child support?

If your ex-husband stops paying child support, you can take legal action to enforce the support order. This may include filing a motion with the court to compel payment, seeking wage garnishment, or requesting a contempt of court ruling. It's important to document missed payments and consult with a family law attorney to understand your options.